SF 1937

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; making various changes to 
  1.3             laws involving the department of corrections, 
  1.4             including clarifying the community notification law, 
  1.5             striking and repealing obsolete and unnecessary 
  1.6             statutory language, clarifying who may be required to 
  1.7             pay the costs for the use of a correctional camp, 
  1.8             allowing licensed mental health professionals to admit 
  1.9             inmates to the mental health unit at MCF-Oak Park 
  1.10            Heights, altering the requirements of the department's 
  1.11            annual performance report, providing that 
  1.12            investigation of inmate deaths be initiated by the 
  1.13            commissioner of corrections, continuing the task force 
  1.14            for agency purchasing from correctional agencies, 
  1.15            creating a peer review committee in the health 
  1.16            correctional system; authorizing the commissioner to 
  1.17            inspect and certify juvenile facilities licensed by 
  1.18            the department of human services; requiring the 
  1.19            commissioners of corrections and human services to 
  1.20            develop alternative equivalent standards for chemical 
  1.21            dependency treatment programs for correctional 
  1.22            facilities under certain circumstances; requiring the 
  1.23            commissioner of corrections to contract with the 
  1.24            commissioner of human services for background studies 
  1.25            of individuals providing services in secure and 
  1.26            nonsecure juvenile residential and detention 
  1.27            facilities; making it a crime for employees, contract 
  1.28            personnel, or volunteers of a correctional system to 
  1.29            engage in certain sexual activities with offenders in 
  1.30            correctional facilities; requiring a sex offender 
  1.31            assessment for certain repeat sex offenders; 
  1.32            authorizing HIV test results to be maintained in 
  1.33            inmate medical records; amending Minnesota Statutes 
  1.34            2000, sections 16B.181, subdivision 2; 241.016, 
  1.35            subdivision 1; 241.021, subdivisions 1, 4, 4a, 6, by 
  1.36            adding a subdivision; 241.67, subdivision 8; 241.69; 
  1.37            242.32, subdivision 1a; 243.05, subdivision 6; 243.51, 
  1.38            subdivision 2; 243.53, subdivision 1; 244.052, 
  1.39            subdivision 3; 244.173; 244.18, subdivision 1; 390.11, 
  1.40            subdivision 1, by adding a subdivision; 390.32, by 
  1.41            adding a subdivision; 609.341, subdivision 11; 
  1.42            609.344, subdivision 1; 609.345, subdivision 1; 
  1.43            609.3452, subdivision 1, by adding subdivisions; 
  1.44            611A.19; repealing Minnesota Statutes 2000, sections 
  1.45            241.19; 242.51. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2      Section 1.  Minnesota Statutes 2000, section 16B.181, 
  2.3   subdivision 2, is amended to read: 
  2.4      Subd. 2.  [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
  2.5   INDUSTRIES.] (a) The commissioner of corrections, in 
  2.6   consultation with the commissioner of administration, shall 
  2.7   prepare updated lists of the items available for purchase from 
  2.8   department of corrections industries and annually forward a copy 
  2.9   of the most recent list to all public entities within the 
  2.10  state.  A public entity that is supported in whole or in part 
  2.11  with funds from the state treasury may purchase items directly 
  2.12  from corrections industries.  The bid solicitation process is 
  2.13  not required for these purchases. 
  2.14     (b) The commissioner of administration shall develop a 
  2.15  contract or contracts to enable public entities to purchase 
  2.16  items directly from corrections industries.  The commissioner of 
  2.17  administration, in consultation with the commissioner of 
  2.18  corrections, shall determine the fair market price for listed 
  2.19  items.  The commissioner of administration shall require that 
  2.20  all requests for bids or proposals, for items provided by 
  2.21  corrections industries, be forwarded to the commissioner of 
  2.22  corrections to enable corrections industries to submit bids.  
  2.23  The commissioner of corrections shall consult with the 
  2.24  commissioner of administration prior to introducing new products 
  2.25  to the state agency market. 
  2.26     (c) No public entity may evade the intent of this section 
  2.27  by adopting slight variations in specifications, when Minnesota 
  2.28  corrections industry items meet the reasonable needs and 
  2.29  specifications of the public entity. 
  2.30     (d) The commissioners of administration and corrections 
  2.31  shall develop annual performance measures outlining goals to 
  2.32  maximize inmate work program participation.  The commissioners 
  2.33  of administration and corrections shall appoint cochairs for a 
  2.34  task force whose purpose is to determine additional methods to 
  2.35  achieve the performance goals for public entity purchasing.  The 
  2.36  task force shall include representatives from the Minnesota 
  3.1   house of representatives, Minnesota senate, the Minnesota state 
  3.2   colleges and universities, University of Minnesota, Minnesota 
  3.3   League of Cities, Minnesota Association of Counties, and 
  3.4   administrators with purchasing responsibilities from the 
  3.5   Minnesota state departments of corrections, public safety, 
  3.6   finance, transportation, natural resources, human services, 
  3.7   health, and economic security.  Notwithstanding section 15.059, 
  3.8   the task force created in this paragraph expires on June 30, 
  3.9   2003. 
  3.10     (e) If performance goals for public entity purchasing are 
  3.11  not achieved in two consecutive fiscal years, public entities 
  3.12  shall purchase items available from corrections industries.  The 
  3.13  commissioner of administration shall be responsible for 
  3.14  notifying public entities of this requirement. 
  3.15     Sec. 2.  Minnesota Statutes 2000, section 241.016, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
  3.18  15.91, The department of corrections shall issue submit a 
  3.19  performance report by November 30 of each year to the chairs and 
  3.20  ranking minority members of the senate and house committees and 
  3.21  divisions having jurisdiction over criminal justice funding by 
  3.22  January 15 of each year.  The issuance and content of the report 
  3.23  must conform with section 15.91. 
  3.24     In addition, each year the department shall, on an 
  3.25  alternating basis, complete a detailed recidivism analysis of 
  3.26  the adult facility, juvenile services, and the community 
  3.27  services divisions and include this analysis in the report. 
  3.28     Sec. 3.  Minnesota Statutes 2000, section 241.021, 
  3.29  subdivision 1, is amended to read: 
  3.30     Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
  3.31  INSTITUTIONS.] (1) (a) Except as provided in paragraph (b), the 
  3.32  commissioner of corrections shall inspect and license all 
  3.33  correctional facilities throughout the state, whether public or 
  3.34  private, established and operated for the detention and 
  3.35  confinement of persons detained or confined therein according to 
  3.36  law except to the extent that they are inspected or licensed by 
  4.1   other state regulating agencies.  The commissioner shall 
  4.2   promulgate pursuant to chapter 14, rules establishing minimum 
  4.3   standards for these facilities with respect to their management, 
  4.4   operation, physical condition, and the security, safety, health, 
  4.5   treatment, and discipline of persons detained or confined 
  4.6   therein.  Commencing September 1, 1980, no individual, 
  4.7   corporation, partnership, voluntary association, or other 
  4.8   private organization legally responsible for the operation of a 
  4.9   correctional facility may operate the facility unless licensed 
  4.10  by the commissioner of corrections.  The commissioner shall 
  4.11  review the correctional facilities described in this subdivision 
  4.12  at least once every biennium, except as otherwise provided 
  4.13  herein, to determine compliance with the minimum standards 
  4.14  established pursuant to this subdivision.  The commissioner 
  4.15  shall grant a license to any facility found to conform to 
  4.16  minimum standards or to any facility which, in the 
  4.17  commissioner's judgment, is making satisfactory progress toward 
  4.18  substantial conformity and the interests and well-being of the 
  4.19  persons detained or confined therein are protected.  The 
  4.20  commissioner may grant licensure up to two years.  The 
  4.21  commissioner shall have access to the buildings, grounds, books, 
  4.22  records, staff, and to persons detained or confined in these 
  4.23  facilities.  The commissioner may require the officers in charge 
  4.24  of these facilities to furnish all information and statistics 
  4.25  the commissioner deems necessary, at a time and place designated 
  4.26  by the commissioner.  The commissioner may require that any or 
  4.27  all such information be provided through the department of 
  4.28  corrections detention information system.  The education program 
  4.29  offered in a correctional facility for the detention or 
  4.30  confinement of juvenile offenders must be approved by the 
  4.31  commissioner of children, families, and learning before the 
  4.32  commissioner of corrections may grant a license to the facility. 
  4.33     (b) For juvenile facilities licensed by the commissioner of 
  4.34  human services, the commissioner may inspect and certify 
  4.35  programs based on certification standards set forth in Minnesota 
  4.36  Rules.  For the purpose of this paragraph, "certification" has 
  5.1   the meaning given it in section 245A.02. 
  5.2      (2) (c) Any state agency which regulates, inspects, or 
  5.3   licenses certain aspects of correctional facilities shall, 
  5.4   insofar as is possible, ensure that the minimum standards it 
  5.5   requires are substantially the same as those required by other 
  5.6   state agencies which regulate, inspect, or license the same 
  5.7   aspects of similar types of correctional facilities, although at 
  5.8   different correctional facilities. 
  5.9      (3) (d) Nothing in this section shall be construed to limit 
  5.10  the commissioner of corrections' authority to promulgate rules 
  5.11  establishing standards of eligibility for counties to receive 
  5.12  funds under sections 401.01 to 401.16, or to require counties to 
  5.13  comply with operating standards the commissioner establishes as 
  5.14  a condition precedent for counties to receive that funding. 
  5.15     (4) (e) When the commissioner finds that any facility 
  5.16  described in clause (1) paragraph (a), except foster care 
  5.17  facilities for delinquent children and youth as provided in 
  5.18  subdivision 2, does not substantially conform to the minimum 
  5.19  standards established by the commissioner and is not making 
  5.20  satisfactory progress toward substantial conformance, the 
  5.21  commissioner shall promptly notify the chief executive officer 
  5.22  and the governing board of the facility of the deficiencies and 
  5.23  order that they be remedied within a reasonable period of time.  
  5.24  The commissioner may by written order restrict the use of any 
  5.25  facility which does not substantially conform to minimum 
  5.26  standards to prohibit the detention of any person therein for 
  5.27  more than 72 hours at one time.  When, after due notice and 
  5.28  hearing, the commissioner finds that any facility described in 
  5.29  this subdivision, except county jails and lockups as provided in 
  5.30  sections 641.26, 642.10, and 642.11, does not conform to minimum 
  5.31  standards, or is not making satisfactory progress toward 
  5.32  substantial compliance therewith, the commissioner may issue an 
  5.33  order revoking the license of that facility.  After revocation 
  5.34  of its license, that facility shall not be used until its 
  5.35  license is renewed.  When the commissioner is satisfied that 
  5.36  satisfactory progress towards substantial compliance with 
  6.1   minimum standard is being made, the commissioner may, at the 
  6.2   request of the appropriate officials of the affected facility 
  6.3   supported by a written schedule for compliance, grant an 
  6.4   extension of time for a period not to exceed one year. 
  6.5      (5) (f) As used in this subdivision, "correctional facility"
  6.6   means any facility, including a group home, having a residential 
  6.7   component, the primary purpose of which is to serve persons 
  6.8   placed therein by a court, court services department, parole 
  6.9   authority, or other correctional agency having dispositional 
  6.10  power over persons charged with, convicted, or adjudicated to be 
  6.11  guilty or delinquent. 
  6.12     Sec. 4.  Minnesota Statutes 2000, section 241.021, 
  6.13  subdivision 4, is amended to read: 
  6.14     Subd. 4.  [HEALTH CARE.] The commissioner of corrections 
  6.15  shall provide professional health care to persons confined in 
  6.16  institutions under the control of the commissioner of 
  6.17  corrections and pay the costs of their care in hospitals and 
  6.18  other medical facilities not under the control of the 
  6.19  commissioner of corrections, including the secure treatment unit 
  6.20  operated by the St. Paul - Ramsey Hospital.  All reimbursements 
  6.21  for these health care services shall be deposited in the general 
  6.22  fund.  The commissioner of corrections is authorized to contract 
  6.23  with entities, including health care management companies, to 
  6.24  provide health care to inmates.  With respect to these 
  6.25  contracts, these entities shall not be regulated as, or 
  6.26  otherwise considered to be, health plan companies as defined in 
  6.27  section 62Q.01, subdivision 4.  The office of health facility 
  6.28  complaints has jurisdiction under sections 144A.51 to 144A.54 to 
  6.29  investigate complaints regarding the provision of health care 
  6.30  under this section. 
  6.31     Sec. 5.  Minnesota Statutes 2000, section 241.021, 
  6.32  subdivision 4a, is amended to read: 
  6.33     Subd. 4a.  [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 
  6.34  residential chemical dependency treatment programs operated by 
  6.35  the commissioner of corrections to treat adults and juveniles 
  6.36  committed to the commissioner's custody shall comply with the 
  7.1   standards mandated in Minnesota Rules, parts 9530.4100 to 
  7.2   9530.6500, or successor rule parts, for treatment programs 
  7.3   operated by community-based residential treatment facilities.  
  7.4   When the commissioners of corrections and human services agree 
  7.5   that these established standards for community-based programs 
  7.6   cannot reasonably apply to correctional facilities, alternative 
  7.7   equivalent standards shall be developed by the commissioners and 
  7.8   established through an interagency agreement. 
  7.9      Sec. 6.  Minnesota Statutes 2000, section 241.021, is 
  7.10  amended by adding a subdivision to read: 
  7.11     Subd. 4b.  [PEER REVIEW COMMITTEE.] The commissioner of 
  7.12  corrections shall establish a health care peer review committee. 
  7.13  Sections 145.61 to 145.67 apply to the committee.  The committee 
  7.14  shall gather, review, and evaluate information relating to the 
  7.15  on-site and off-site quality of care and treatment of 
  7.16  offenders.  The committee shall consist of: 
  7.17     (1) the director of health services; 
  7.18     (2) the department medical director; 
  7.19     (3) the regional medical director of the contracted health 
  7.20  care vendor; 
  7.21     (4) the department director of nursing; 
  7.22     (5) a physician from the contracting hospital provider; and 
  7.23     (6) another physician who provides health care to offenders 
  7.24  on site at a correctional facility. 
  7.25     Sec. 7.  Minnesota Statutes 2000, section 241.021, 
  7.26  subdivision 6, is amended to read: 
  7.27     Subd. 6.  [BACKGROUND STUDIES.] (a) The commissioner of 
  7.28  corrections is authorized to do background studies on personnel 
  7.29  employed by any facility serving children or youth that is 
  7.30  licensed under this section.  The commissioner of corrections 
  7.31  shall contract with the commissioner of human services to 
  7.32  conduct background studies of individuals providing services in 
  7.33  secure and nonsecure residential facilities and detention 
  7.34  facilities who have direct contact, as defined under section 
  7.35  245A.04, subdivision 3, with persons served in the facilities.  
  7.36  A disqualification of an individual in this section shall 
  8.1   disqualify the individual from positions allowing direct contact 
  8.2   or access to persons and residents receiving services in 
  8.3   programs licensed by the departments of health and human 
  8.4   services.  
  8.5      (b) A clerk or administrator of any court, the bureau of 
  8.6   criminal apprehension, a prosecuting attorney, a county sheriff, 
  8.7   or a chief of a local police department, shall assist in these 
  8.8   studies by providing to the commissioner of human services, or 
  8.9   the commissioner's representative, all criminal conviction data 
  8.10  available from local, state, and national criminal history 
  8.11  record repositories, including the criminal justice data 
  8.12  communications network, pertaining to the following individuals: 
  8.13  applicants, operators, all persons living in the household, and 
  8.14  all staff of any facility subject to background studies under 
  8.15  this subdivision.  
  8.16     (c) The department of human services shall conduct the 
  8.17  background studies required by paragraph (a) in compliance with 
  8.18  the provisions of chapter 245A.  For the purpose of this 
  8.19  subdivision, the term "secure and nonsecure residential facility 
  8.20  and detention facility" shall include programs licensed or 
  8.21  certified under subdivision 2.  The department of human services 
  8.22  shall provide necessary forms and instructions, shall conduct 
  8.23  the necessary background studies of individuals, and shall 
  8.24  provide notification of the results of the studies to the 
  8.25  facilities, individuals, and the commissioner of corrections.  
  8.26  Individuals shall be disqualified under the provisions of 
  8.27  chapter 245A. 
  8.28     If an individual is disqualified, the department of human 
  8.29  services shall notify the facility and the individual and shall 
  8.30  inform the individual of the right to request a reconsideration 
  8.31  of the disqualification by submitting the request to the 
  8.32  department of corrections. 
  8.33     (d) The commissioner of corrections shall review and decide 
  8.34  reconsideration requests, including the granting of variances, 
  8.35  in accordance with the procedures and criteria contained in 
  8.36  chapter 245A.  The commissioner's decision shall be provided to 
  9.1   the individual and to the department of human services.  The 
  9.2   commissioner's decision to grant or deny a reconsideration of 
  9.3   disqualification is the final administrative agency action. 
  9.4      (e) Facilities described in paragraph (a) shall be 
  9.5   responsible for cooperating with the departments in implementing 
  9.6   the provisions of this subdivision.  The responsibilities 
  9.7   imposed on applicants and licensees under chapter 245A shall 
  9.8   apply to these facilities.  The provisions of section 245A.04, 
  9.9   subdivision 3, paragraph (e), shall apply to applicants, 
  9.10  licensees, and individuals. 
  9.11     Sec. 8.  Minnesota Statutes 2000, section 241.67, 
  9.12  subdivision 8, is amended to read: 
  9.13     Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
  9.14  PROJECT.] (a) For the purposes of this project, a sex offender 
  9.15  is an adult who has been convicted, or a juvenile who has been 
  9.16  adjudicated, for a sex offense or a sex-related offense which 
  9.17  would require registration under section 243.166. 
  9.18     (b) The commissioner shall develop a long-term project to 
  9.19  accomplish the following: 
  9.20     (1) provide follow-up information on each sex offender for 
  9.21  a period of three years following the offender's completion of 
  9.22  or termination from treatment; 
  9.23     (2) provide treatment programs in several geographical 
  9.24  areas in the state; 
  9.25     (3) provide the necessary data to form the basis to 
  9.26  recommend a fiscally sound plan to provide a coordinated 
  9.27  statewide system of effective sex offender treatment 
  9.28  programming; and 
  9.29     (4) provide an opportunity to local and regional 
  9.30  governments, agencies, and programs to establish models of sex 
  9.31  offender programs that are suited to the needs of that region. 
  9.32     (c) The commissioner shall provide the legislature with an 
  9.33  annual report of the data collected and the status of the 
  9.34  project by October 15 of each year, beginning in 1993. 
  9.35     (d) The commissioner shall establish an advisory task force 
  9.36  consisting of county probation officers from Community 
 10.1   Corrections Act counties and other counties, court services 
 10.2   providers, and other interested officials.  The commissioner 
 10.3   shall consult with the task force concerning the establishment 
 10.4   and operation of the project. 
 10.5      Sec. 9.  Minnesota Statutes 2000, section 241.69, is 
 10.6   amended to read: 
 10.7      241.69 [PSYCHIATRIC MENTAL HEALTH UNIT; ESTABLISHMENT.] 
 10.8      Subdivision 1.  [AUTHORITY; RULES.] The commissioner of 
 10.9   corrections shall, in accordance with applicable rules and 
 10.10  standards prescribed by the departments department of health and 
 10.11  welfare human services, establish, staff, equip, maintain, and 
 10.12  operate at one of the adult correctional institutions under the 
 10.13  commissioner's control a psychiatric mental health unit for the 
 10.14  care and treatment of those inmates of state correctional 
 10.15  institutions who become mentally ill. 
 10.16     Subd. 2.  [EXAMINATION.] When any person confined in an 
 10.17  adult correctional institution under the control of the 
 10.18  commissioner of corrections is alleged to be a mentally ill 
 10.19  person, the chief executive officer director of psychological 
 10.20  services, or warden or other person in charge of the institution 
 10.21  shall cause the person to be examined by a licensed physician 
 10.22  especially qualified in the diagnosis of mental illness, or, if 
 10.23  none is available, by any licensed physician or 
 10.24  licensed psychologist mental health professional available to 
 10.25  the institution. 
 10.26     Subd. 3.  [TRANSFER.] If the examining physician or 
 10.27  psychologist licensed mental health professional finds the 
 10.28  person to be mentally ill and in need of short term care, the 
 10.29  examining physician health care professional may recommend 
 10.30  transfer by the commissioner of corrections to the psychiatric 
 10.31  mental health unit established pursuant to subdivision 1. 
 10.32     Subd. 4.  [COMMITMENT.] If the examining physician health 
 10.33  care professional or psychologist licensed mental health 
 10.34  professional finds the person to be mentally ill and in need of 
 10.35  long term care in a hospital, or if an inmate transferred 
 10.36  pursuant to subdivision 3 refuses to voluntarily participate in 
 11.1   the treatment program at the psychiatric mental health unit, the 
 11.2   chief executive officer of director of psychological services of 
 11.3   the institution or other person in charge the mental health 
 11.4   professional shall initiate proceedings for judicial commitment 
 11.5   as provided in section 253B.07.  Upon the recommendation of 
 11.6   the physician or psychologist licensed mental health 
 11.7   professional and upon completion of the hearing and 
 11.8   consideration of the record, the court may commit the person to 
 11.9   the psychiatric mental health unit established in subdivision 1 
 11.10  or to another hospital.  A person confined in a state 
 11.11  correctional institution for adults who has been adjudicated to 
 11.12  be mentally ill and in need of treatment may be committed to the 
 11.13  commissioner of corrections and placed in the psychiatric mental 
 11.14  health unit established in subdivision 1.  
 11.15     Subd. 5.  [DISCHARGE.] The chief medical officer director 
 11.16  of psychological services of the psychiatric mental health unit 
 11.17  established under this section may, subject to the provisions of 
 11.18  chapter 253B, provisionally discharge any inmate patient 
 11.19  admitted as mentally ill without discharging the commitment and 
 11.20  order the inmate patient's release into the general population 
 11.21  of the institution from which admitted, subject to return to the 
 11.22  facility for further treatment. 
 11.23     When the chief medical officer director of psychological 
 11.24  services of the facility certifies that a patient is no longer 
 11.25  in need of institutional care for mental illness the chief 
 11.26  medical officer director of psychological services shall 
 11.27  discharge the patient to the institution from which committed, 
 11.28  and the discharge shall also discharge the mental illness 
 11.29  commitment. 
 11.30     A copy of the certification that the inmate is no longer in 
 11.31  need of care for mental illness shall be transmitted to the 
 11.32  commissioner of corrections.  The commissioner of corrections 
 11.33  shall give serious consideration to the aforementioned 
 11.34  certification for purposes of their supervision over the inmate 
 11.35  upon the inmate's release. 
 11.36     Subd. 6.  [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 
 12.1   sentence of a person who has been adjudicated to be mentally ill 
 12.2   and committed to the psychiatric mental health unit established 
 12.3   under this section should expire before the person recovers and 
 12.4   is discharged therefrom, and, in the judgment of the chief 
 12.5   medical officer director of psychological services of the unit, 
 12.6   the person requires further hospitalization for mental illness, 
 12.7   the person shall be transferred by the commissioner of 
 12.8   corrections to a state hospital designated by the commissioner 
 12.9   of human services, there to be detained as in the case of other 
 12.10  mentally ill persons under judicial commitment. 
 12.11     Subd. 7.  [COSTS.] The costs of the commitment proceedings 
 12.12  under this section shall be borne by the state. 
 12.13     Subd. 8.  [DEFINITIONS.] For the purposes of this section, 
 12.14  the words defined in section 253B.02 have the meanings given 
 12.15  them in that section. 
 12.16     Sec. 10.  Minnesota Statutes 2000, section 242.32, 
 12.17  subdivision 1a, is amended to read: 
 12.18     Subd. 1a.  [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 
 12.19  commissioner of corrections may establish and operate 
 12.20  alternative residential programs for juveniles.  Programming is 
 12.21  available to court and social service agencies for placement of 
 12.22  juveniles to act as early intervention in juvenile crime.  The 
 12.23  commissioner shall require participating state or federal 
 12.24  agencies and local units of government sending participants to 
 12.25  the program to pay the cost of the program.  Funds received by 
 12.26  the commissioner for the cost of the program from state and 
 12.27  federal agencies and local units of government under this 
 12.28  subdivision must be deposited in the state treasury and credited 
 12.29  to a special account.  Money in the account is appropriated to 
 12.30  the commissioner to fund the program. 
 12.31     Sec. 11.  Minnesota Statutes 2000, section 243.05, 
 12.32  subdivision 6, is amended to read: 
 12.33     Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
 12.34  AGENTS.] (a) The commissioner of corrections, as far as 
 12.35  possible, shall exercise supervision over persons released on 
 12.36  parole or probation pursuant to this section and section 242.19. 
 13.1      (b) The commissioner of corrections shall exercise 
 13.2   supervision over probationers as provided in section 609.135, 
 13.3   and over persons conditionally released pursuant to section 
 13.4   241.26. 
 13.5      (c) For the purposes of clauses (a) and (b), and sections 
 13.6   609.115 and 609.135, subdivision 1, the commissioner shall 
 13.7   appoint state agents who shall be in the classified service of 
 13.8   the state civil service.  The commissioner may also appoint 
 13.9   suitable persons in any part of the state or enter into 
 13.10  agreements with individuals and public or private agencies, for 
 13.11  the same purposes, and pay the costs incurred under the 
 13.12  agreements.  Parole agents shall reside in the various districts 
 13.13  of the state in which they are employed.  Each agent or person 
 13.14  shall perform the duties the commissioner may prescribe in 
 13.15  behalf of or in the supervision of those persons described in 
 13.16  clause (b).  In addition, each agent or person shall act under 
 13.17  the orders of the commissioner in the supervision of those 
 13.18  persons conditionally released as provided in clause (a).  
 13.19  Agents shall provide assistance to conditionally released 
 13.20  persons in obtaining employment, and shall conduct relevant 
 13.21  investigations and studies of persons under supervision upon the 
 13.22  request of the commissioner.  Regional supervisors may also 
 13.23  supervise state parole agents as directed by the commissioner of 
 13.24  corrections. This duty shall not interfere with the supervisor's 
 13.25  responsibility under the County Probation Act, Laws 1959, 
 13.26  chapter 698. 
 13.27     Sec. 12.  Minnesota Statutes 2000, section 243.51, 
 13.28  subdivision 2, is amended to read: 
 13.29     Subd. 2.  [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The 
 13.30  commissioner of corrections may transfer to the custody of the 
 13.31  United States attorney general any inmate of the a Minnesota 
 13.32  correctional facility-Stillwater or the Minnesota correctional 
 13.33  facility-Shakopee facility whose presence is seriously 
 13.34  detrimental to the internal discipline and well-being of the 
 13.35  facility, or whose personal safety cannot be reasonably secured 
 13.36  therein or in any other state facility, provided the attorney 
 14.1   general of the United States accept such transfer.  Such 
 14.2   transfer shall be accomplished in the manner prescribed by 
 14.3   United States Code, title 18, section 5003 and acts amendatory 
 14.4   thereof, and the commissioner of corrections may execute such 
 14.5   contracts as therein provided.  The reimbursement of the federal 
 14.6   government for all costs and expenses incurred for the care, 
 14.7   custody, subsistence, education, treatment, and training of such 
 14.8   transferee shall be paid from the appropriation for the 
 14.9   operation of the Minnesota correctional facility-Stillwater or 
 14.10  the Minnesota correctional facility-Shakopee facility from which 
 14.11  the inmate was transferred.  
 14.12     The chief executive officer of the transferring facility 
 14.13  shall attach to such contract a duly certified copy of the 
 14.14  warrant of commitment under which such inmate is held, together 
 14.15  with copies of such other commitment papers as are required by 
 14.16  section 243.49, and such other data relating to the character 
 14.17  and condition of such inmates as the officer may deem necessary 
 14.18  or may be required by the federal prison authorities. Such copy 
 14.19  of the warrant of commitment and accompanying papers shall 
 14.20  constitute sufficient authority for the United States to hold 
 14.21  such inmate on behalf of the state of Minnesota.  
 14.22     Any inmate so transferred under this subdivision shall be 
 14.23  subject to the terms and conditions of the inmate's original 
 14.24  sentence as if the inmate were serving the same within the 
 14.25  confines of the facility from which transferred.  Nothing herein 
 14.26  contained shall deprive such inmate of the right to parole or 
 14.27  the rights to legal process in the courts of this state. 
 14.28     Sec. 13.  Minnesota Statutes 2000, section 243.53, 
 14.29  subdivision 1, is amended to read: 
 14.30     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
 14.31  sufficient cells available, each inmate shall be confined in a 
 14.32  separate cell.  Each inmate shall be confined in a separate cell 
 14.33  in institutions classified by the commissioner as custody level 
 14.34  five and six institutions.  This requirement does not apply to 
 14.35  the following: 
 14.36     (1) geriatric dormitory-type facilities; 
 15.1      (2) honor dormitory-type facilities; and 
 15.2      (3) any other multiple occupancy facility at a custody 
 15.3   level five or six institution that confines inmates who could be 
 15.4   confined in an institution at custody level four or lower. 
 15.5      (b) Correctional institutions classified by the 
 15.6   commissioner as custody level one, two, three, or four 
 15.7   institutions must permit multiple occupancy, except segregation 
 15.8   units, to the greatest extent possible.  The commissioner shall 
 15.9   annually publish a list of the custody levels of all 
 15.10  correctional institutions. 
 15.11     Sec. 14.  Minnesota Statutes 2000, section 244.052, 
 15.12  subdivision 3, is amended to read: 
 15.13     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 15.14  commissioner of corrections shall establish and administer 
 15.15  end-of-confinement review committees at each state correctional 
 15.16  facility and at each state treatment facility where predatory 
 15.17  offenders are confined.  The committees shall assess on a 
 15.18  case-by-case basis the public risk posed by predatory offenders 
 15.19  who are about to be released from confinement. 
 15.20     (b) Each committee shall be a standing committee and shall 
 15.21  consist of the following members appointed by the commissioner: 
 15.22     (1) the chief executive officer or head of the correctional 
 15.23  or treatment facility where the offender is currently confined, 
 15.24  or that person's designee; 
 15.25     (2) a law enforcement officer; 
 15.26     (3) a treatment professional who is trained in the 
 15.27  assessment of sex offenders; 
 15.28     (4) a caseworker experienced in supervising sex offenders; 
 15.29  and 
 15.30     (5) a victim's services professional. 
 15.31     Members of the committee, other than the facility's chief 
 15.32  executive officer or head, shall be appointed by the 
 15.33  commissioner to two-year terms.  The chief executive officer or 
 15.34  head of the facility or designee shall act as chair of the 
 15.35  committee and shall use the facility's staff, as needed, to 
 15.36  administer the committee, obtain necessary information from 
 16.1   outside sources, and prepare risk assessment reports on 
 16.2   offenders. 
 16.3      (c) The committee shall have access to the following data 
 16.4   on a predatory offender only for the purposes of its assessment 
 16.5   and to defend the committee's risk assessment determination upon 
 16.6   administrative review under this section: 
 16.7      (1) private medical data under section 13.384 or 144.335, 
 16.8   or welfare data under section 13.46 that relate to medical 
 16.9   treatment of the offender; 
 16.10     (2) private and confidential court services data under 
 16.11  section 13.84; 
 16.12     (3) private and confidential corrections data under section 
 16.13  13.85; and 
 16.14     (4) private criminal history data under section 13.87. 
 16.15     Data collected and maintained by the committee under this 
 16.16  paragraph may not be disclosed outside the committee, except as 
 16.17  provided under section 13.05, subdivision 3 or 4.  The predatory 
 16.18  offender has access to data on the offender collected and 
 16.19  maintained by the committee, unless the data are confidential 
 16.20  data received under this paragraph. 
 16.21     (d)(i) Except as otherwise provided in item (ii), at least 
 16.22  90 days before a predatory offender is to be released from 
 16.23  confinement, the commissioner of corrections shall convene the 
 16.24  appropriate end-of-confinement review committee for the purpose 
 16.25  of assessing the risk presented by the offender and determining 
 16.26  the risk level to which the offender shall be assigned under 
 16.27  paragraph (e).  The offender and the law enforcement agency that 
 16.28  was responsible for the charge resulting in confinement shall be 
 16.29  notified of the time and place of the committee's meeting.  The 
 16.30  offender has a right to be present and be heard at the meeting.  
 16.31  The law enforcement agency may provide material in writing that 
 16.32  is relevant to the offender's risk level to the chair of the 
 16.33  committee.  The committee shall use the risk factors described 
 16.34  in paragraph (g) and the risk assessment scale developed under 
 16.35  subdivision 2 to determine the offender's risk assessment score 
 16.36  and risk level.  Offenders scheduled for release from 
 17.1   confinement shall be assessed by the committee established at 
 17.2   the facility from which the offender is to be released.  
 17.3      (ii) If an offender is received for confinement in a 
 17.4   facility with less than 90 days remaining in the offender's term 
 17.5   of confinement, the offender's risk shall be assessed at the 
 17.6   first regularly scheduled end of confinement review committee 
 17.7   that convenes after the appropriate documentation for the risk 
 17.8   assessment is assembled by the committee.  The commissioner 
 17.9   shall make reasonable efforts to ensure that offender's risk is 
 17.10  assessed and a risk level is assigned or reassigned at least 30 
 17.11  days before the offender's release date. 
 17.12     (e) The committee shall assign to risk level I a predatory 
 17.13  offender whose risk assessment score indicates a low risk of 
 17.14  reoffense.  The committee shall assign to risk level II an 
 17.15  offender whose risk assessment score indicates a moderate risk 
 17.16  of reoffense.  The committee shall assign to risk level III an 
 17.17  offender whose risk assessment score indicates a high risk of 
 17.18  reoffense. 
 17.19     (f) Before the predatory offender is released from 
 17.20  confinement, the committee shall prepare a risk assessment 
 17.21  report which specifies the risk level to which the offender has 
 17.22  been assigned and the reasons underlying the committee's risk 
 17.23  assessment decision.  The committee shall give the report to the 
 17.24  offender and to the law enforcement agency at least 60 days 
 17.25  before an offender is released from confinement.  If the risk 
 17.26  assessment is performed under the circumstances described in 
 17.27  paragraph (d), item (ii), the report shall be given to the 
 17.28  offender and the law enforcement agency as soon as it is 
 17.29  available.  The committee also shall inform the offender of the 
 17.30  availability of review under subdivision 6. 
 17.31     (g) As used in this subdivision, "risk factors" includes, 
 17.32  but is not limited to, the following factors: 
 17.33     (1) the seriousness of the offense should the offender 
 17.34  reoffend.  This factor includes consideration of the following:  
 17.35     (i) the degree of likely force or harm; 
 17.36     (ii) the degree of likely physical contact; and 
 18.1      (iii) the age of the likely victim; 
 18.2      (2) the offender's prior offense history.  This factor 
 18.3   includes consideration of the following: 
 18.4      (i) the relationship of prior victims to the offender; 
 18.5      (ii) the number of prior offenses or victims; 
 18.6      (iii) the duration of the offender's prior offense history; 
 18.7      (iv) the length of time since the offender's last prior 
 18.8   offense while the offender was at risk to commit offenses; and 
 18.9      (v) the offender's prior history of other antisocial acts; 
 18.10     (3) the offender's characteristics.  This factor includes 
 18.11  consideration of the following:  
 18.12     (i) the offender's response to prior treatment efforts; and 
 18.13     (ii) the offender's history of substance abuse; 
 18.14     (4) the availability of community supports to the offender. 
 18.15  This factor includes consideration of the following: 
 18.16     (i) the availability and likelihood that the offender will 
 18.17  be involved in therapeutic treatment; 
 18.18     (ii) the availability of residential supports to the 
 18.19  offender, such as a stable and supervised living arrangement in 
 18.20  an appropriate location; 
 18.21     (iii) the offender's familial and social relationships, 
 18.22  including the nature and length of these relationships and the 
 18.23  level of support that the offender may receive from these 
 18.24  persons; and 
 18.25     (iv) the offender's lack of education or employment 
 18.26  stability; 
 18.27     (5) whether the offender has indicated or credible evidence 
 18.28  in the record indicates that the offender will reoffend if 
 18.29  released into the community; and 
 18.30     (6) whether the offender demonstrates a physical condition 
 18.31  that minimizes the risk of reoffense, including but not limited 
 18.32  to, advanced age or a debilitating illness or physical condition.
 18.33     (h) Upon the request of the law enforcement agency or the 
 18.34  offender's corrections agent, the commissioner may reconvene the 
 18.35  end-of-confinement review committee for the purpose of 
 18.36  reassessing the risk level to which an offender has been 
 19.1   assigned under paragraph (e).  In a request for a reassessment, 
 19.2   the law enforcement agency which was responsible for the charge 
 19.3   resulting in confinement or agent shall list the facts and 
 19.4   circumstances arising after the initial assignment or facts and 
 19.5   circumstances known to law enforcement or the agent but not 
 19.6   considered by the committee under paragraph (e) which support 
 19.7   the request for a reassessment.  The request for reassessment by 
 19.8   the law enforcement agency must occur within 30 days of receipt 
 19.9   of the report indicating the offender's risk level assignment.  
 19.10  The offender's corrections agent, in consultation with the chief 
 19.11  law enforcement officer in the area where the offender resides 
 19.12  or intends to reside, may request a review of a risk level at 
 19.13  any time if substantial evidence exists that the offender's risk 
 19.14  level should be reviewed by an end-of-confinement review 
 19.15  committee.  This evidence includes, but is not limited to, 
 19.16  evidence of treatment failures or completions, evidence of 
 19.17  exceptional crime-free community adjustment or lack of 
 19.18  appropriate adjustment, evidence of substantial community need 
 19.19  to know more about the offender or mitigating circumstances that 
 19.20  would narrow the proposed scope of notification, or other 
 19.21  practical situations articulated and based in evidence of the 
 19.22  offender's behavior while under supervision.  Upon review of the 
 19.23  request, the end-of-confinement review committee may reassign an 
 19.24  offender to a different risk level.  If the offender is 
 19.25  reassigned to a higher risk level, the offender has the right to 
 19.26  seek review of the committee's determination under subdivision 6.
 19.27     (i) An offender may request the end-of-confinement review 
 19.28  committee to reassess the offender's assigned risk level after 
 19.29  three years have elapsed since the committee's initial risk 
 19.30  assessment and may renew the request once every two years 
 19.31  following subsequent denials.  In a request for reassessment, 
 19.32  the offender shall list the facts and circumstances which 
 19.33  demonstrate that the offender no longer poses the same degree of 
 19.34  risk to the community.  In order for a request for a risk level 
 19.35  reduction to be granted, the offender must demonstrate full 
 19.36  compliance with supervised release conditions, completion of 
 20.1   required post-release treatment programming, and full compliance 
 20.2   with all registration requirements as detailed in section 
 20.3   243.166.  The offender must also not have been convicted of any 
 20.4   felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 20.5   the assignment of the original risk level.  The committee shall 
 20.6   follow the process outlined in paragraphs (a) to (e), and 
 20.7   (g) (c) in the reassessment.  An offender who is incarcerated 
 20.8   may not request a reassessment under this paragraph. 
 20.9      (j) Offenders returned to prison as release violators shall 
 20.10  not have a right to a subsequent risk reassessment by the 
 20.11  end-of-confinement review committee unless substantial evidence 
 20.12  indicates that the offender's risk to the public has increased. 
 20.13     (k) The commissioner shall establish an end-of-confinement 
 20.14  review committee to assign a risk level to offenders who are 
 20.15  released from a federal correctional facility in Minnesota or 
 20.16  another state and who intend to reside in Minnesota, and to 
 20.17  offenders accepted from another state under a reciprocal 
 20.18  agreement for parole supervision under the interstate compact 
 20.19  authorized by section 243.16.  The committee shall make 
 20.20  reasonable efforts to conform to the same timelines as applied 
 20.21  to Minnesota cases.  Offenders accepted from another state under 
 20.22  a reciprocal agreement for probation supervision are not 
 20.23  assigned a risk level, but are considered downward dispositional 
 20.24  departures.  The probation or court services officer and law 
 20.25  enforcement officer shall manage such cases in accordance with 
 20.26  section 244.10, subdivision 2a.  The policies and procedures of 
 20.27  the committee for federal offenders and interstate compact cases 
 20.28  must be in accordance with all requirements as set forth in this 
 20.29  section, unless restrictions caused by the nature of federal or 
 20.30  interstate transfers prevents such conformance. 
 20.31     (k) (l) If the committee assigns a predatory offender to 
 20.32  risk level III, the committee shall determine whether residency 
 20.33  restrictions shall be included in the conditions of the 
 20.34  offender's release based on the offender's pattern of offending 
 20.35  behavior. 
 20.36     Sec. 15.  Minnesota Statutes 2000, section 244.173, is 
 21.1   amended to read: 
 21.2      244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 
 21.3   REPORT.] 
 21.4      The commissioner shall develop a system for gathering and 
 21.5   analyzing information concerning the value and effectiveness of 
 21.6   the challenge incarceration program.  The commissioner shall 
 21.7   report to the committees of the house of representatives and 
 21.8   senate with jurisdiction over criminal justice policy by January 
 21.9   1, 1996, on the operation of the program. 
 21.10     Sec. 16.  Minnesota Statutes 2000, section 244.18, 
 21.11  subdivision 1, is amended to read: 
 21.12     Subdivision 1.  [DEFINITION.] As used in this section, 
 21.13  "local correctional fees" include fees for the following 
 21.14  correctional services:  
 21.15     (1) community service work placement and supervision; 
 21.16     (2) restitution collection; 
 21.17     (3) supervision; 
 21.18     (4) court ordered investigations; or 
 21.19     (5) any other court ordered service; 
 21.20     (6) post-prison supervision or other form of release; or 
 21.21     (7) supervision or other services provided to probationers 
 21.22  or parolees under section 243.16 to be provided by a local 
 21.23  probation and parole agency established under section 244.19 or 
 21.24  community corrections agency established under chapter 401. 
 21.25     Sec. 17.  Minnesota Statutes 2000, section 390.11, 
 21.26  subdivision 1, is amended to read: 
 21.27     Subdivision 1.  [DEATHS REQUIRING INQUESTS AND 
 21.28  INVESTIGATIONS.] Except as provided in subdivision 1a, the 
 21.29  coroner shall investigate and may conduct inquests in all human 
 21.30  deaths of the following types: 
 21.31     (1) violent deaths, whether apparently homicidal, suicidal, 
 21.32  or accidental, including but not limited to deaths due to 
 21.33  thermal, chemical, electrical, or radiational injury, and deaths 
 21.34  due to criminal abortion, whether apparently self induced or 
 21.35  not; 
 21.36     (2) deaths under unusual or mysterious circumstances; 
 22.1      (3) deaths of persons whose bodies are to be cremated, 
 22.2   dissected, buried at sea, or otherwise disposed of so that the 
 22.3   bodies will later be unavailable for examination; and 
 22.4      (4) deaths of inmates of public institutions who are not 
 22.5   hospitalized for organic disease and whose deaths are not of any 
 22.6   type referred to in clause (1) or (2).  
 22.7      Sec. 18.  Minnesota Statutes 2000, section 390.11, is 
 22.8   amended by adding a subdivision to read: 
 22.9      Subd. 1a.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
 22.10  DEATHS.] The commissioner of corrections may require that all 
 22.11  department of corrections incarcerated deaths be reviewed by an 
 22.12  independent, contracted board-certified forensic pathologist. 
 22.13     Sec. 19.  Minnesota Statutes 2000, section 390.32, is 
 22.14  amended by adding a subdivision to read: 
 22.15     Subd. 11.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
 22.16  DEATHS.] The commissioner of corrections may require that all 
 22.17  department of corrections incarcerated deaths be reviewed by an 
 22.18  independent, contracted board-certified forensic pathologist. 
 22.19     Sec. 20.  Minnesota Statutes 2000, section 609.341, 
 22.20  subdivision 11, is amended to read: 
 22.21     Subd. 11.  (a) "Sexual contact," for the purposes of 
 22.22  sections 609.343, subdivision 1, clauses (a) to (f), and 
 22.23  609.345, subdivision 1, clauses (a) to (e), and (h) to (l) (m), 
 22.24  includes any of the following acts committed without the 
 22.25  complainant's consent, except in those cases where consent is 
 22.26  not a defense, and committed with sexual or aggressive intent: 
 22.27     (i) the intentional touching by the actor of the 
 22.28  complainant's intimate parts, or 
 22.29     (ii) the touching by the complainant of the actor's, the 
 22.30  complainant's, or another's intimate parts effected by a person 
 22.31  in a position of authority, or by coercion, or by inducement if 
 22.32  the complainant is under 13 years of age or mentally impaired, 
 22.33  or 
 22.34     (iii) the touching by another of the complainant's intimate 
 22.35  parts effected by coercion or by a person in a position of 
 22.36  authority, or 
 23.1      (iv) in any of the cases above, the touching of the 
 23.2   clothing covering the immediate area of the intimate parts. 
 23.3      (b) "Sexual contact," for the purposes of sections 609.343, 
 23.4   subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
 23.5   clauses (f) and (g), includes any of the following acts 
 23.6   committed with sexual or aggressive intent: 
 23.7      (i) the intentional touching by the actor of the 
 23.8   complainant's intimate parts; 
 23.9      (ii) the touching by the complainant of the actor's, the 
 23.10  complainant's, or another's intimate parts; 
 23.11     (iii) the touching by another of the complainant's intimate 
 23.12  parts; or 
 23.13     (iv) in any of the cases listed above, touching of the 
 23.14  clothing covering the immediate area of the intimate parts. 
 23.15     (c) "Sexual contact with a person under 13" means the 
 23.16  intentional touching of the complainant's bare genitals or anal 
 23.17  opening by the actor's bare genitals or anal opening with sexual 
 23.18  or aggressive intent or the touching by the complainant's bare 
 23.19  genitals or anal opening of the actor's or another's bare 
 23.20  genitals or anal opening with sexual or aggressive intent. 
 23.21     Sec. 21.  Minnesota Statutes 2000, section 609.344, 
 23.22  subdivision 1, is amended to read: 
 23.23     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 23.24  sexual penetration with another person is guilty of criminal 
 23.25  sexual conduct in the third degree if any of the following 
 23.26  circumstances exists:  
 23.27     (a) the complainant is under 13 years of age and the actor 
 23.28  is no more than 36 months older than the complainant.  Neither 
 23.29  mistake as to the complainant's age nor consent to the act by 
 23.30  the complainant shall be a defense; 
 23.31     (b) the complainant is at least 13 but less than 16 years 
 23.32  of age and the actor is more than 24 months older than the 
 23.33  complainant.  In any such case it shall be an affirmative 
 23.34  defense, which must be proved by a preponderance of the 
 23.35  evidence, that the actor believes the complainant to be 16 years 
 23.36  of age or older.  If the actor in such a case is no more than 48 
 24.1   months but more than 24 months older than the complainant, the 
 24.2   actor may be sentenced to imprisonment for not more than five 
 24.3   years.  Consent by the complainant is not a defense; 
 24.4      (c) the actor uses force or coercion to accomplish the 
 24.5   penetration; 
 24.6      (d) the actor knows or has reason to know that the 
 24.7   complainant is mentally impaired, mentally incapacitated, or 
 24.8   physically helpless; 
 24.9      (e) the complainant is at least 16 but less than 18 years 
 24.10  of age and the actor is more than 48 months older than the 
 24.11  complainant and in a position of authority over the complainant. 
 24.12  Neither mistake as to the complainant's age nor consent to the 
 24.13  act by the complainant is a defense; 
 24.14     (f) the actor has a significant relationship to the 
 24.15  complainant and the complainant was at least 16 but under 18 
 24.16  years of age at the time of the sexual penetration.  Neither 
 24.17  mistake as to the complainant's age nor consent to the act by 
 24.18  the complainant is a defense; 
 24.19     (g) the actor has a significant relationship to the 
 24.20  complainant, the complainant was at least 16 but under 18 years 
 24.21  of age at the time of the sexual penetration, and: 
 24.22     (i) the actor or an accomplice used force or coercion to 
 24.23  accomplish the penetration; 
 24.24     (ii) the complainant suffered personal injury; or 
 24.25     (iii) the sexual abuse involved multiple acts committed 
 24.26  over an extended period of time.  
 24.27     Neither mistake as to the complainant's age nor consent to 
 24.28  the act by the complainant is a defense; 
 24.29     (h) the actor is a psychotherapist and the complainant is a 
 24.30  patient of the psychotherapist and the sexual penetration 
 24.31  occurred: 
 24.32     (i) during the psychotherapy session; or 
 24.33     (ii) outside the psychotherapy session if an ongoing 
 24.34  psychotherapist-patient relationship exists.  
 24.35     Consent by the complainant is not a defense; 
 24.36     (i) the actor is a psychotherapist and the complainant is a 
 25.1   former patient of the psychotherapist and the former patient is 
 25.2   emotionally dependent upon the psychotherapist; 
 25.3      (j) the actor is a psychotherapist and the complainant is a 
 25.4   patient or former patient and the sexual penetration occurred by 
 25.5   means of therapeutic deception.  Consent by the complainant is 
 25.6   not a defense; 
 25.7      (k) the actor accomplishes the sexual penetration by means 
 25.8   of deception or false representation that the penetration is for 
 25.9   a bona fide medical purpose.  Consent by the complainant is not 
 25.10  a defense; or 
 25.11     (1) the actor is or purports to be a member of the clergy, 
 25.12  the complainant is not married to the actor, and: 
 25.13     (i) the sexual penetration occurred during the course of a 
 25.14  meeting in which the complainant sought or received religious or 
 25.15  spiritual advice, aid, or comfort from the actor in private; or 
 25.16     (ii) the sexual penetration occurred during a period of 
 25.17  time in which the complainant was meeting on an ongoing basis 
 25.18  with the actor to seek or receive religious or spiritual advice, 
 25.19  aid, or comfort in private.  Consent by the complainant is not a 
 25.20  defense; or 
 25.21     (m) the actor is an employee, contract personnel, or 
 25.22  volunteer of a state, county, city, or privately operated adult 
 25.23  or juvenile correctional system, including, but not limited to, 
 25.24  jails, prisons, detention centers, or work release facilities, 
 25.25  and the complainant is a resident of a facility or under 
 25.26  supervision of the correctional system.  Consent by the 
 25.27  complainant is not a defense. 
 25.28     Sec. 22.  Minnesota Statutes 2000, section 609.345, 
 25.29  subdivision 1, is amended to read: 
 25.30     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 25.31  sexual contact with another person is guilty of criminal sexual 
 25.32  conduct in the fourth degree if any of the following 
 25.33  circumstances exists: 
 25.34     (a) the complainant is under 13 years of age and the actor 
 25.35  is no more than 36 months older than the complainant.  Neither 
 25.36  mistake as to the complainant's age or consent to the act by the 
 26.1   complainant is a defense.  In a prosecution under this clause, 
 26.2   the state is not required to prove that the sexual contact was 
 26.3   coerced; 
 26.4      (b) the complainant is at least 13 but less than 16 years 
 26.5   of age and the actor is more than 48 months older than the 
 26.6   complainant or in a position of authority over the complainant.  
 26.7   Consent by the complainant to the act is not a defense.  In any 
 26.8   such case, it shall be an affirmative defense which must be 
 26.9   proved by a preponderance of the evidence that the actor 
 26.10  believes the complainant to be 16 years of age or older; 
 26.11     (c) the actor uses force or coercion to accomplish the 
 26.12  sexual contact; 
 26.13     (d) the actor knows or has reason to know that the 
 26.14  complainant is mentally impaired, mentally incapacitated, or 
 26.15  physically helpless; 
 26.16     (e) the complainant is at least 16 but less than 18 years 
 26.17  of age and the actor is more than 48 months older than the 
 26.18  complainant and in a position of authority over the complainant. 
 26.19  Neither mistake as to the complainant's age nor consent to the 
 26.20  act by the complainant is a defense; 
 26.21     (f) the actor has a significant relationship to the 
 26.22  complainant and the complainant was at least 16 but under 18 
 26.23  years of age at the time of the sexual contact.  Neither mistake 
 26.24  as to the complainant's age nor consent to the act by the 
 26.25  complainant is a defense; 
 26.26     (g) the actor has a significant relationship to the 
 26.27  complainant, the complainant was at least 16 but under 18 years 
 26.28  of age at the time of the sexual contact, and: 
 26.29     (i) the actor or an accomplice used force or coercion to 
 26.30  accomplish the contact; 
 26.31     (ii) the complainant suffered personal injury; or 
 26.32     (iii) the sexual abuse involved multiple acts committed 
 26.33  over an extended period of time.  
 26.34     Neither mistake as to the complainant's age nor consent to 
 26.35  the act by the complainant is a defense; 
 26.36     (h) the actor is a psychotherapist and the complainant is a 
 27.1   patient of the psychotherapist and the sexual contact occurred: 
 27.2      (i) during the psychotherapy session; or 
 27.3      (ii) outside the psychotherapy session if an ongoing 
 27.4   psychotherapist-patient relationship exists.  Consent by the 
 27.5   complainant is not a defense; 
 27.6      (i) the actor is a psychotherapist and the complainant is a 
 27.7   former patient of the psychotherapist and the former patient is 
 27.8   emotionally dependent upon the psychotherapist; 
 27.9      (j) the actor is a psychotherapist and the complainant is a 
 27.10  patient or former patient and the sexual contact occurred by 
 27.11  means of therapeutic deception.  Consent by the complainant is 
 27.12  not a defense; 
 27.13     (k) the actor accomplishes the sexual contact by means of 
 27.14  deception or false representation that the contact is for a bona 
 27.15  fide medical purpose.  Consent by the complainant is not a 
 27.16  defense; or 
 27.17     (1) the actor is or purports to be a member of the clergy, 
 27.18  the complainant is not married to the actor, and: 
 27.19     (i) the sexual contact occurred during the course of a 
 27.20  meeting in which the complainant sought or received religious or 
 27.21  spiritual advice, aid, or comfort from the actor in private; or 
 27.22     (ii) the sexual contact occurred during a period of time in 
 27.23  which the complainant was meeting on an ongoing basis with the 
 27.24  actor to seek or receive religious or spiritual advice, aid, or 
 27.25  comfort in private.  Consent by the complainant is not a 
 27.26  defense; or 
 27.27     (m) the actor is an employee, contract personnel, or 
 27.28  volunteer of a state, county, city, or privately operated adult 
 27.29  or juvenile correctional system, including, but not limited to, 
 27.30  jails, prisons, detention centers, or work release facilities, 
 27.31  and the complainant is a resident of a facility or under 
 27.32  supervision of the correctional system.  Consent by the 
 27.33  complainant is not a defense. 
 27.34     Sec. 23.  Minnesota Statutes 2000, section 609.3452, 
 27.35  subdivision 1, is amended to read: 
 27.36     Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
 28.1   convicted of a violation of section 609.342; 609.343; 609.344; 
 28.2   609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
 28.3   another offense arising out of a charge based on one or more of 
 28.4   those sections sex offense, the court shall order an independent 
 28.5   professional assessment of the offender's need for sex offender 
 28.6   treatment.  The court may waive the assessment if:  (1) the 
 28.7   sentencing guidelines provide a presumptive prison sentence for 
 28.8   the offender, or (2) an adequate assessment was conducted prior 
 28.9   to the conviction.  An assessor providing an assessment for the 
 28.10  court must be experienced in the evaluation and treatment of sex 
 28.11  offenders. 
 28.12     Sec. 24.  Minnesota Statutes 2000, section 609.3452, is 
 28.13  amended by adding a subdivision to read: 
 28.14     Subd. 1a.  [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a 
 28.15  person is convicted of a felony-level sex offense, and the 
 28.16  person has previously been convicted of a sex offense regardless 
 28.17  of the penalty level, the court shall order a sex offender 
 28.18  assessment to be completed by the Minnesota security hospital.  
 28.19  The assessment must contain the facts upon which the assessment 
 28.20  conclusion is based, with reference to the offense history of 
 28.21  the offender or the severity of the current offense, the social 
 28.22  history of the offender, and the results of an examination of 
 28.23  the offender's mental status unless the offender refuses to be 
 28.24  examined.  The assessment conclusion may not be based on testing 
 28.25  alone.  Upon completion, the assessment must be forwarded to the 
 28.26  court and the commissioner of corrections.  The court shall 
 28.27  consider the assessment when sentencing the offender and, if 
 28.28  applicable, when making the preliminary determination regarding 
 28.29  the appropriateness of a civil commitment petition under section 
 28.30  609.1351. 
 28.31     Sec. 25.  Minnesota Statutes 2000, section 609.3452, is 
 28.32  amended by adding a subdivision to read: 
 28.33     Subd. 4.  [DEFINITION.] As used in this section, "sex 
 28.34  offense" means a violation of section 609.342; 609.343; 609.344; 
 28.35  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or 
 28.36  another offense arising out of a charge based on one or more of 
 29.1   those sections. 
 29.2      Sec. 26.  Minnesota Statutes 2000, section 611A.19, is 
 29.3   amended to read: 
 29.4      611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
 29.5   VIRUS.] 
 29.6      Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 29.7   the request or with the consent of the victim, the prosecutor 
 29.8   shall make a motion in camera and the sentencing court shall 
 29.9   issue an order requiring an adult convicted of or a juvenile 
 29.10  adjudicated delinquent for violating section 609.342 (criminal 
 29.11  sexual conduct in the first degree), 609.343 (criminal sexual 
 29.12  conduct in the second degree), 609.344 (criminal sexual conduct 
 29.13  in the third degree), 609.345 (criminal sexual conduct in the 
 29.14  fourth degree), or any other violent crime, as defined in 
 29.15  section 609.1095, to submit to testing to determine the presence 
 29.16  of human immunodeficiency virus (HIV) antibody if:  
 29.17     (1) the crime involved sexual penetration, however slight, 
 29.18  as defined in section 609.341, subdivision 12; or 
 29.19     (2) evidence exists that the broken skin or mucous membrane 
 29.20  of the victim was exposed to or had contact with the offender's 
 29.21  semen or blood during the commission of the crime in a manner 
 29.22  which has been demonstrated epidemiologically to transmit the 
 29.23  human immunodeficiency virus (HIV).  
 29.24     (b) When the court orders an offender to submit to testing 
 29.25  under paragraph (a), the court shall order that the test be 
 29.26  performed by an appropriate health professional who is trained 
 29.27  to provide the counseling described in section 144.7414, and 
 29.28  that no reference to the test, the motion requesting the test, 
 29.29  the test order, or the test results may appear in the criminal 
 29.30  record or be maintained in any record of the court or court 
 29.31  services, except in the medical record maintained by the 
 29.32  department of corrections.  
 29.33     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 29.34  results of a test performed under subdivision 1 are private data 
 29.35  as defined in section 13.02, subdivision 12, when maintained by 
 29.36  a person subject to chapter 13, or may be released only with the 
 30.1   subject's consent, if maintained by a person not subject to 
 30.2   chapter 13.  The results are available, on request, to the 
 30.3   victim or, if the victim is a minor, to the victim's parent or 
 30.4   guardian and positive test results shall be reported to the 
 30.5   commissioner of health.  Any test results given to a victim or 
 30.6   victim's parent or guardian shall be provided by a health 
 30.7   professional who is trained to provide the counseling described 
 30.8   in section 144.7414.  Data regarding administration and results 
 30.9   of the test are not accessible to any other person for any 
 30.10  purpose and shall not be maintained in any record of the court 
 30.11  or court services or any other record.  After the test results 
 30.12  are given to the victim or the victim's parent or guardian, data 
 30.13  on the test must be removed from any medical data or health 
 30.14  records maintained under section 13.384 or 144.335 and 
 30.15  destroyed, except for those medical records maintained by the 
 30.16  department of corrections. 
 30.17     Sec. 27.  [REPEALER.] 
 30.18     Minnesota Statutes 2000, sections 241.19 and 242.51, are 
 30.19  repealed. 
 30.20     Sec. 28.  [EFFECTIVE DATE.] 
 30.21     Sections 20 to 22 are effective June 1, 2001, and apply to 
 30.22  crimes committed on or after that date.  Sections 23 to 25 are 
 30.23  effective the day following final enactment.